Agreement to sell -- Specific performance - Delay and laches - Once suit for specific performance is filed, any delay as a result of Court process cannot be put against plaintiff as a matter of law in decreeing specific performance - However, it is within discretion of Court, regard being had to facts of each case, as to whether some additional amount ought or ought not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for permanent injunction - No privity of contract between plaintiffs and defendants - Decree of declaration of sale deed which is executed by defendant No.1 in favour of defendant Nos.2 & 3 does not give any cause of action to plaintiffs to institute suit seeking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - In a suit for mandatory injunction, no relief of temporary injunction can be granted, which will amount to passing a decree of mandatory injunction itself...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - At appellate stage - Plaintiff has no absolute right at appellate stage to withdraw from suit - Application made at appellate stage to withdraw suit cannot be allowed by Court if granting such permission would have effect of depriving or destroying or nullifying or annulling any right which has come..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living apart since 2011 - Settlement arrived at in between parties - Condition stipulated in S.13-B(2) of the Act is waived - Marriage between parties is dissolved by a decree of divorce by mutual consent u/s 13-B(1) of the Act in terms of settlement arrived at between parties...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Partition -- Final decree proceedings - Challenge as to preliminary decree - Courts cannot go beyond preliminary decree, modify or vary share allotted to parties in preliminary decree - Respondents/third party seeking to file additional counter affidavit challenging preliminary decree itself relying on certain documents alleged to have come to their knowledge - They have..........
